Angels Camp City Zoning Code

The purpose of this chapter is to provide a uniform and comprehensive set of standards for major and minor wireless communication facilities. The regulations contained herein are designed to protect and promote public safety, community welfare and the visual quality of the city of Angels as set forth in the goals, policies and programs of the city of Angels general plan, while at the same time providing for the installation of new communication facilities in accordance with the Telecommunications Act of 1996. It is also the intent of this chapter to ensure a balance between public concerns and private interests in establishing wireless communication and related facilities.

The following facilities are exempt from the provisions of this chapter pertaining to major wireless communications facilities:

The provisions of this chapter apply only to major wireless communication facilities and modifications to preexisting major wireless communication facilities.

Major wireless communication facilities are declared to be conditional uses and require the issuance of use permits in all zoning districts, except such facilities shall be prohibited in the R-3, R-2, R-1, RA, REC and O, zoning districts, or any zoning district when combined with the H (historical combining district), except as provided in Section 17.71.070.

In addition to the submittals required pursuant to Section 17.78.020, which governs use permit applications, an application for a use permit for a major wireless communication facility shall be accompanied by the following information:

Major wireless communication facilities shall be located, designed and screened to blend with the existing natural or built surroundings to reduce visual impacts considering the technological requirements of the proposed communication service and the need to be compatible with neighboring land uses and community character.

Notwithstanding the location standards of this chapter, a major wireless communication facility shall be granted a permit for a location in which it would otherwise be prohibited if the applicant establishes that the facility will fill an existing significant gap in the ability of remote users to access the communication service (not merely a particular provider’s service), that there is no alternative to the proposed location, and that the manner in which it proposes to fill the gap complies in all other respects with this chapter unless an applicant has established that an inability to comply with any other provision would prevent the facility from being constructed at that location. As a condition of approval of a conditional use permit for a major wireless communication facility to fill a service gap, the city may require the facility to be designed and used as a co-location or multiple-user facility.

Co-location and multiple-user facilities are encouraged by the city. Applications proposing co-location facilities which are in accordance with the provisions of this title shall be expedited.

Major wireless communication facilities shall be sited, constructed and operated in compliance with FCC regulations including, but not limited to, radio frequency emissions. Complaints received by city residents shall be forwarded to the city. The city shall forward complaints to the operator/service provider. If violations are not resolved by the operator/service provider, the complaint shall be forwarded by the city to the regional office of the Federal Communications Commission in Pleasanton, CA.

A major wireless communication facility shall be deemed abandoned and shall be removed by the facility’s owner and/or operator if it has not been used for a period of twelve months or more in accordance with Section 17.71.130. An extension of up to six months may be granted if the landowner or operator requests an extension from the planning commission prior to the expiration of twelve months from the date of the facility’s last use.

The property owner (for the property on which the major wireless facility is proposed) shall sign an agreement to maintain the facility or remove it upon abandonment or if it becomes structurally obsolete. The agreement shall be recorded and shall be binding on the property owner and his successors-in-interest. The agreement shall bind the owner to pay all costs for monitoring compliance with, and enforcement of, the agreement, and to reimburse the city for all costs incurred to perform any work required by a failure of the owner to perform in accordance with the agreement.

To ensure compliance with Section 17.71.130, and to provide a source of funds to abate any violation of this chapter by any major wireless communication facility owner, the property owner shall deposit five thousand dollars into a common wireless communication facility maintenance, enforcement and removal fund, which is hereby created in the city treasury. The amount of deposit shall be adjusted annually based on the California Construction Cost Index. Said deposit shall be paid prior to issuance of a building permit for the communication facility. Monies deposited into the fund may be used by the city or its agents to administer the fund, undertake enforcement actions, maintenance work, or facility removals with respect to any major wireless communication facility in the city.

Towers and antennas associated with minor wireless facilities shall not exceed the height requirements of the district in which they are to be located unless a conditional use permit is first secured, except for towers or antennas to be located within the city’s designated historic district. All towers or antennas proposed for location within the city’s designated historic district, regardless of height, shall require a conditional use permit. Issuance of a conditional use permit pursuant to this section is subject to compliance with the following standards: